law reports – Page 294 – Current Awareness

“Iraqi detainees held in a United Kingdom internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the UK for the purposes of the European Convention on Human Rights.”

The Times, 4th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Raja v Van Hoogstraten (No 9) – Times Law Reports

Posted February 4th, 2009 in civil procedure rules, law reports, sequestration, setting aside by sally

Raja v Van Hoogstraten (No 9)

Court of Appeal

“Since the introduction of the Civil Procedure Rules, applications for the setting aside of orders made without notice were governed by rule 23.10, and determined by the court exercising the discretion given by that rule in accordance with the overriding objective to do justice.”

The Times, 4th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust – Times Law Reports

Posted February 4th, 2009 in burden of proof, health & safety, law reports by sally

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust

Court of Appeal

“Where a hospital employee was injured using a mechanical hoist to move a patient, the burden was on the employer to prove that it had taken appropriate steps to reduce any risk to the lowest reasonably practicable level.”

The Times, 3rd February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Persche v Finanzamt Lüdenscheid – Times Law Reports

Posted February 4th, 2009 in charities, EC law, gifts, income tax, law reports by sally

Persche v Finanzamt Lüdenscheid

Court of Justice of the European Communities

“Article 56 EC on the free movement of capital enabled eligible tax deductions on gifts made to charitable bodies in the taxpayer’s state also to be claimed on gifts made to charities within the European Union outside the taxpayer’s state.”

The Times, 3rd February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted February 3rd, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Campbell & Ors, R. v [2009] EWCA Crim 50 (02 February 2009)

Court of Appeal (Civil Division)

Fosh v Cardiff University [2009] EWCA Civ 38 (03 February 2009)

Office of Fair Trading v Miller [2009] EWCA Civ 34 (03 February 2009)

High Court (Administrative Court)

Manning v King’s College Hospital NHS Trust [2009] EWHC 75 (Admin) (22 January 2009)

Sonea v Mehedinti District Court [2009] EWHC 89 (Admin) (23 January 2009)

High Court (Technology and Construction Court)

YCMS Ltd (t/a Young Construction Management Services) v Grabiner & Anor [2009] EWHC 127 (TCC) (31 January 2009)

Source: www.bailii.org

BAILII: Recent Decisions

Posted January 30th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Dobson & Ors v Thames Water Utilities Ltd & Anor [2009] EWCA Civ 28 (29 January 2009)

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd [2009] EWCA Civ 32 (29 January 2009)

Salvage Wharf Ltd & Anor v G & S Brough Ltd [2009] EWCA Civ 21 (29 January 2009)

High Court (Administrative Court)

Smith, R (on the application of) v HMP Belmarsh & Anor [2009] EWHC 109 (Admin) (29 January 2009)

High Court (Commercial Court)

NML Capital Ltd v The Republic of Argentina [2009] EWHC 110 (Comm) (29 January 2009)

High Court (Chancery Division)

Heath v Southern Pacific Mortgage Ltd [2009] EWHC 103 (Ch) (29 January 2009)

High Court (Queen’s Bench Division)

Wakefield (t/a Wills Probate and Trusts of Weybridge) v Ford & Anor [2009] EWHC 122 (QB) (29 January 2009)

Source: www.bailli.org.uk

Regina (Black) v Secretary of State for Justice – Times Law Reports

Posted January 30th, 2009 in human rights, law reports, parole, release on licence by sally

Regina (Black) v Secretary of State for Justice

House of Lords

“The provision requiring lawfulness of detention to be determined by a court was not infringed when the Secretary of State for Justice rather than the Parole Board determined whether certain long-term prisoners should be released on licence.”

The Times, 30th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted January 29th, 2009 in law reports by sally

Court of Appeal (Civil Division)

ETS v BT [2009] EWCA Civ 20 (28 January 2009)

Kennedy, R (on the application of) v The Health and Safety Executive [2009] EWCA Civ 25 (28 January 2009)

Buglife -The Invertebrate Conservation Trust, R (on the application of) v Thurrock Thames Gateway Development Corporation & Anor [2009] EWCA Civ 29 (28 January 2009)

The United States Securities and Exchange Commission v Manterfield [2009] EWCA Civ 27 (28 January 2009)

High Court (Technology and Construction Court)

Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd [2009] EWHC 73 (TCC) (21 January 2009)

Bovis Lend Lease Ltd v The Trustees of the London Clinic [2009] EWHC 64 (TCC) (28 January 2009)

Source: www.bailii.org

Persche v Finanzamt Lüdenscheid – WLR Daily

Posted January 29th, 2009 in charities, EC law, income tax, law reports by sally

Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27

“It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer’s state and the taxpayer had no opportunity to show that the donation satisfied the legislative requirements for the grant of deductibility.”

WLR Daily, 28th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Austin v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26

“Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998 if the cordon was part of the crowd control measures adopted by the police in order to prevent a breach of public order, and the measures were not arbitrary but were resorted to in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

WLR Daily, 28th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Austin v Commissioner of Police of the Metropolis – Times Law Reports

Posted January 29th, 2009 in demonstrations, false imprisonment, human rights, law reports, police by sally

Austin v Commissioner of Police of the Metropolis

House of Lords

“Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”

The Times, 29th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII: Recent Decisions

Posted January 28th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Greenland Bank Ltd v American Express Bank Ltd [2009] EWCA Civ 14 (27 January 2009)

High Court (Administrative Court)

J G Ipswich Llp v Secretary of State for Communities and Local Government & Anor [2009] EWHC 91 (Admin) (27 January 2009)

Caldarelli, R (on the application of) v City of Westminster Magistrates Court & Anor [2009] EWHC 107 (Admin) (27 January 2009)

B, R (on the application of) v Director of Public Prosecutions & Anor [2009] EWHC 106 (Admin) (27 January 2009)

Aruliraivan, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 30 (Admin) (27 January 2009)

Source: www.bailii.org

R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) – WLR Daily

Posted January 28th, 2009 in Crown Prosecution Service, law reports, mental health, prosecutions, victims by sally

R (B) v Director of Public Prosecutions (Equality and Human Rights Commission intervening) [2009] EWHC 106 (Admin); [2009] WLR (D) 25

“The decision to abandon a prosecution because of the victim’s mental instability involved a misapplication of the Code for Crown Prosecutors, was irrational and was a violation of the victim’s rights under art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 27th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (The Electoral Commission) v City of Westminster Magistrates’ Court – WLR Daily

Posted January 28th, 2009 in elections, forfeiture, law reports, political parties by sally

R (The Electoral Commission) v City of Westminster Magistrates’ Court [2009] EWHC 78 (Admin); [2009] WLR(D) 24

“There was no presumption that impermissible donations to a registered political party should be forfeited under s 58(2) of the Political Parties, Elections and Referendums Act 2000 unless there were good reasons not to do so.”

WLR Daily, 27th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Adorian v Commissioner of Police of the Metropolis – WLR Daily

Posted January 28th, 2009 in criminal procedure, law reports, trespass to the person by sally

Adorian v Commissioner of Police of the Metropolis [2009] EWCA Civ 18; WLR (D) 23

“The requirement of s 329(2) of the Criminal Justice Act 2003, that the court’s permission be obtained to bring civil proceedings for trespass to the person where the claimant had been convicted of an imprisonable offence committed on the same occasion as the alleged tort, was procedural and directory, and therefore proceedings brought without such permission were not void but could be cured on application to the court.”

WLR Daily, 26th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 – Times Law Reports

Posted January 28th, 2009 in EC law, law reports, sick leave, working time by sally

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06

Court of Justice of the European Communities

“Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled to exercise the right at a later time, or, in the case of former workers, to compensation in lieu.”

The Times, 28th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

BAILII : Recent Decisions

Posted January 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Watson & Ors v Croft Promo-Sport Ltd [2009] EWCA Civ 15 (26 January 2009)

High Court (Administrative Court)

Amber Valley Borough Council v Secretary of State for Communities and Local Government [2009] EWHC 80 (Admin) (23 January 2009)

High Court (Queen’s Bench Division)

Shah & Anor v HSBC Private Bank (UK) Ltd. [2009] EWHC 79 (QB) (26 January 2009)

Source: www.bailii.org

Clarence House Ltd v National Westminster Bank plc – WLR Daily

Posted January 27th, 2009 in assignment, covenants, law reports, leases by sally

Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22

“By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question, the tenant acted in breach of the standard form alienation covenants contained in the lease.”

WLR Daily, 26th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Maher and Maher v Groupama Grand Est – WLR Daily

Posted January 27th, 2009 in conflict of laws, damages, insurance, law reports, personal injuries by sally

Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21

“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”

WLR Daily, 26th January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.